Code of Civil Procedure, 1908–Order 8, Rule 6 A & Order 6, Rule 17–
Scope–A counter claim can only be based on the cause of action which
obtain and exist at the time of filing the written statement–Subsequent to filing of the written statement any further fresh cause of action by the defendant against the plaintiff cannot be included in the counter claim by way of amendment–For that, the defendant has the remedy of laying a separate suit.
